One employee had agreed with the employer to take out direct insurance. The contracts had a fixed term with no provision for changes. Later, there is an agreement between the employer and the employee that the period of active service in the company should be extended by three years. At the instigation of the employee, […]
occupational pension scheme: liability trap due to severance payment clause at partial value
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.),Banker (www.fiala.de ) The Federal Minister of Finance (BMF) has given the occupational pension sales force a good opportunity to talk to management: the main issue here is the existential risks associated with pension commitments that are structured in a tax-damaging […]
Invalidity of contracts of the bAV-Unternehmensberatr
In the market of occupational pension consultancies, various models of cooperation between tax advisors, financial service providers and management consultants can be identified. Many distribution models do not hold in practice. Legal design Under the heading “legal design”, some distributors or management consultants offer, among other things, the “formulation of pension commitments, as well as […]
Insolvency administrator may collect and realise reinsurance of a U-fund of the GGF !
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) The U-cash in the insolvency of the company: For decades, the entrepreneur was told what some insurers still say today in their sales documents: “Your company pension scheme is protected against insolvency by a […]
Occupational pension scheme: Social welfare is inevitable if there are design errors
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) Resourceful bAV company consultancies advertise a pension commitment check: ‘We would be happy to undertake the professional examination of pension commitments for you. In doing so, we also ensure that common deficiencies that occur […]